A Tamil family fearing persecution has been allowed to stay in Australia for almost another two weeks, after a federal court judge sought more evidence be provided to the court.
Federal Court Justice Mordecai Bromberg ruled the family can stay for another 12 days, ordering the Immigration Minister to provide more evidence to support the argment the youngest child has no claim for protection
A “full and final” hearing has been set down for September 18.
The federal court is examining the case of two-year-old Tharunicaa, who is currently in detention on Christmas Island with her parents Priya and Nadesalingam and four-year-old sister Kopika.
The legal action is focused on Tharunicaa’s right to apply for a refugee visa, amid claims she will be subjected to “serious harm” if she was sent to Sri Lanka.
Friday’s ruling comes as the federal government ruled out fast-tracking visas for the family if they end up being deported from Australia to Sri Lanka.
A succession of courts, including the High Court, have previously found the parents and the eldest child are not refugees and do not qualify for Australia’s protection.
The government is fighting Tharunicaa’s claim for protection, saying it’s “futile”, despite a community outcry for the family to remain.
Priya and Nadesalingam had settled in the Queensland town of Biloela, where they had their two children, after arriving separately by boat in 2012 and 2013.
Despite being Australian-born, Tharunicaa was deemed an “unauthorised maritime arrival” under the Migration Act, which stipulates children of asylum seekers who arrive in the country by boat cannot apply for a permanent visa.
Home Affairs Minister Peter Dutton has already ruled out the use of ministerial powers to grant the family asylum, saying they should all go back Sri Lanka and apply to come to Australia “the right way”.
Asked if this meant any applications could be fast-tracked, Mr Dutton said “no” and they would be treated like everyone else.
“That’s an issue for them,” he told Nine’s Today show on Friday.
Mr Dutton again said that granting the family the right to stay in Australia would “restart the boats”.
The minister claimed the general of Operation Sovereign Borders had recently travelled to Sri Lanka, and found the family’s case was being “talked about” by people smugglers.
“Others are trying to get people on to boats now,” he added.
“This family is used as a pawn as others have been by people smugglers.”
On Wednesday Justice Bromberg ordered the federal government not to deport the asylum seekers in line with an injunction that expires at 4pm on Friday.
Earlier on Friday before the court hearing, the family’s lawyer Carina Ford said the judge or the government’s lawyers may still want more time on Friday, in which case her team could push for another delay to the deportation.
“It may not be concluded … I guess we wait and see,” she told AAP.
Biloela resident, Angela Fredericks, who is on Christmas Island to support the family, said they were “very apprehensive” about what the day would bring.
But Priya and Nadesalingam are not giving up hope.
“(They’re) just forever hopeful that a miracle might happen,” Ms Fredericks told AAP.
-with AAP
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